Terms of Service

Effective Date: December 1, 2024

Welcome to includeUs. These Terms of Service (“Terms”) govern your access to and use of our website, products, and services, including UniAccess (our accessibility widget), manual audits, file remediation, and VPAT creation (collectively, “Services”). By using our Services, you agree to these Terms. If you do not agree, you may not use our Services.

General Provisions
Visitors and Customers: These Terms of Service (the “Terms”) form a legally binding agreement between us (the Company) and every user of our services. There are two categories of users:

Visitor: Anyone who browses our website or submits information (e.g., via chat or forms) without using our paid or registered services.

Customer: Anyone who uses our services (whether paid or free), excluding use via a separate partner arrangement. Every Customer is also considered a Visitor.

Definitions: For purposes of these Terms:

Person: Both natural persons (individuals) and legal entities (such as companies or organizations).

Service: Each product or service we offer (in whole or part), including:

Our automated accessibility auditing tool (the “Audit Tool”) available via our website accessibility.eu.

Our automated web accessibility solution (the “Accessibility Widget”) available via accessibility.eu.

Our platform for testing, monitoring, and remediating web accessibility (the “Accessibility Platform”) available via accessibility.eu.

Any services or information available on our website (including all subdomains) accessible via accessibility.eu.

Our expert accessibility services such as consulting, training, remediation of files or media (collectively, the “Accessibility Services”).

Litigation support services we may provide.

Any other software, features, products, content, or services we provide, including any updates or changes to them.

Acceptance of Terms: By accessing or using any Service, you acknowledge that you have read, understood, and agree to these Terms. This is true whether or not you explicitly click an “Accept” button or provide similar consent. If you do not agree, or if you lack the legal capacity or authority to agree (for example, you are under 18 years old), you must not use the Services.

Privacy and Data Processing: When you use our Services, we may collect and use certain personal information and data (“Customer Data”) about you and your end users as described in our Privacy Notice. Our Privacy Notice (and, if applicable, our Data Processing Addendum) is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in those documents.

Your Authority: You represent that you have the authority to enter into these Terms. If you are using the Services on behalf of a company or organization, you confirm that you have the legal authority to bind that entity to these Terms. You also confirm that entering into or complying with these Terms won’t violate any other agreements you are a party to.

Account Personnel: Customers may invite their employees or contractors (“Customer Personnel”) to use the Services under the Customer’s account. As a Customer, you are responsible for the actions of your Personnel. Any act or omission by your Personnel that would violate these Terms if done by you is considered a violation by you.

Minimum Age: The Services are intended for adults. Individuals under 18 years of age are not permitted to use the Services. By using the Services as an individual, you confirm that you are at least 18 years old.

Partners: If you are participating in our partner or reseller program, or accessing the Services through a partner, you must comply with the terms of our Partner Program. Note that any agreement between you and a partner is separate from these Terms, and we are not bound by or responsible for the obligations in that partner agreement.

Jurisdictional Use: If any law prohibits the use of our Services in your jurisdiction, then the right to use the Services in that jurisdiction is revoked. You may not use the Services if you have previously had an account suspended or terminated for violating these Terms.

Services and Scope
General
Purpose of Services: Our Services are designed to help make websites more accessible in line with legal and industry standards. We specifically aim to assist with compliance under laws that reference accessibility guidelines. For reference:

WCAG: The Web Content Accessibility Guidelines, currently version 2.1 at the AA success criteria level. (If an earlier version of WCAG is the legal standard, that version applies to the extent it doesn’t impose higher requirements than WCAG 2.1 AA.)

Legal Website Accessibility Requirement: Any law or regulation that requires websites to meet specific accessibility standards (typically referring to WCAG as the benchmark).

SaaS License Model: Our Accessibility Widget and Platform are provided as Software-as-a-Service (“SaaS”). This means you need to purchase a subscription (a “License”) for each website or subdomain where you use these Services. Each license is valid only for the specified website(s) and cannot be shared across unrelated sites. If you purchase additional professional services from us (such as any of our Accessibility Services), those may be subject to a separate agreement (e.g., a Statement of Work). In case of any conflict between these Terms and the specific terms of a separate agreement for additional services, the specific agreement will control.

Customer Website: In these Terms, a “Customer Website” refers to any website (or portion of a website, including subdomains) on which our Accessibility Widget has been properly installed, or any website that has received remediation through our Accessibility Services.

No Legal Advice: We are not a law firm and do not provide legal advice. Our Services, while aiming to help with compliance, are not legal services. You should consult with a qualified attorney to ensure your website meets all applicable laws and regulations (including any Legal Website Accessibility Requirements). You alone are responsible for how you use our Services and for any decisions you make regarding legal compliance. We expressly disclaim any liability for actions you take or fail to take in regard to compliance with laws or regulations.

Automated Accessibility Widget
Functionality: Our Accessibility Widget provides automated corrections for many common web accessibility issues on your site. However, it does not address every possible issue (see Excluded Issues below for known limitations). To activate the Widget’s adjustments, an end user (visitor) of your site needs to turn it on, typically by selecting an accessibility profile via the Widget’s interface or through their assistive technology. The Widget may recognize if an end user has certain assistive tools (like a screen reader or special keyboard) and can auto-activate or prompt the user to activate the relevant features.

End User Interaction: When active, the Widget allows users to choose profiles or specific accessibility adjustments to suit their needs. For example, a user can select a profile for vision impairment, epilepsy safe mode, enhanced contrast, etc. If an end user’s device is running a screen reader or other assistive tech, our Widget might detect it and automatically present relevant options or enable itself. We may also direct screen-reader users to a helpful blog post on our site that explains how to use the Widget with their technology. As the website owner, you should consider informing your users (e.g., in an accessibility statement) that an accessibility widget is available and may guide them to additional instructions.

Data Processing for Widget: In the course of providing the Widget’s functionality, we may process certain technical data from your site’s visitors (“End Users”), such as IP addresses or page URLs, as necessary to apply the accessibility adjustments. This processing is done in accordance with these Terms, our Privacy Notice, and (where applicable) our Data Processing Addendum. Your Responsibilities: You must ensure that you have provided any necessary notices and obtained any consents required by privacy laws from your site’s End Users for this processing.

Excluded Issues: Neither the Widget nor our Platform can detect or fix certain types of accessibility barriers, referred to as Excluded Issues. The list of Excluded Issues (for example, issues requiring human description like complex infographics without alt text) is available on our website and may be updated by us from time to time. It is your responsibility to review this list periodically. Addressing these Excluded Issues may require additional manual effort. We offer supplemental Accessibility Services that can help resolve some of these issues (for an additional fee). You can purchase such services through your account or by contacting us, and we’ll be happy to assist in remediating those issues outside the Widget’s scope.

Manual Testing & Custom Remediation : For customers on our enterprise plan, we offer Manual Testing and Custom Remediation services:

A “Enterprise Website” is a Customer Website (desktop version) that is covered by a subscription plan (or separate agreement) including manual testing and custom remediation services. (Subdomains are not automatically included as within the main Websites unless you have a separate license for them)

Manual Testing: Our team will manually test the core features and user flows of an enterprise website to identify any accessibility issues that automated tools might miss. We determine at our discretion which parts of your site are “core functionalities” to test in regards to the WCAG guidelines.

Detected Failure: If our manual testers find an element or feature on an Enterprise Website that does not meet a Legal Website Accessibility Requirement and that the Widget is supposed to fix, we call that a Detected Failure (i.e., a compliance issue that slipped through the Widget’s automatic fixes). This excludes any issues that fall outside of our control or scope (see Excluded Failure below).

Custom Remediation: For any Detected Failure, we will attempt to manually fix the issue by adding custom code or other corrections on your site.

Excluded Failure: Some failures are not covered by our Custom Remediation service. These include issues caused by factors outside our control, issues stemming from the aforementioned Excluded Issues, or false positives (where a testing tool flags a problem that isn’t actually an accessibility violation).

MTCR Service Process: If you have MTCR services:

We will conduct Manual Testing at intervals and service levels that we publish (for example, we might test your site quarterly, or after significant updates, as per your plan). If we determine that your site’s functionality is too extensive or complex to reasonably test everything, we will notify you. You then have the option to cancel the MTCR portion of your subscription for that site. If you cancel because we cannot test your site’s core functions, we will refund you any pre-paid fees for the remaining subscription period for that site. If this happens on your first cycle of manual testing (i.e., we determine at the outset that we can’t effectively test your site), we will instead offer a full refund for the current term for that site’s license.

When we find Detected Failures, we will schedule Custom Remediation (i.e., fix the issues). We aim to fix these within time frames set out in our service level objectives (which we can provide or publish). If we find that a particular issue (or group of issues) would require an unreasonably large effort to fix (for example, if fixing it essentially means overhauling a large portion of your site code), we may inform you that we will not remediate that issue via this service. You then have 14 days to decide if you want to terminate your MTCR service for that site. If you terminate in that scenario, we will refund any fees you prepaid for the period after termination. If we decline to remediate an issue that we discovered in the very first manual test of your site, we will refund your full subscription fee for the current term for that site.

Your responsibilities: If we apply Custom Remediation fixes to your site, you should avoid undoing those fixes. Changes you make to your site’s code after remediation might negate the effect of our fixes. You are responsible for testing and ensuring that new changes to your site do not reintroduce accessibility problems that we have already fixed.

Accessibility Development Platform
Function: Our Accessibility Platform (a developer-focused tool) helps identify and guide the remediation of accessibility issues in your websites or web applications (including in source code) – collectively referred to as “Website Properties.” It scans code and content (including both public and, if provided by you, private or development versions of your sites) to flag potential accessibility problems. Like the Widget, the Platform does not address Excluded Issues and may not flag those types of issues.

Guidance, Not Automatic Fixes: The Platform will provide recommendations or code snippets to fix accessibility issues. However, it does not automatically apply these changes for you. It is up to you (and your developers) to review and implement any recommended remediation. All suggestions are offered on an informational basis: you are solely responsible for deciding whether and how to apply them. We disclaim liability for any consequences of changes you make (or fail to make) in response to the Platform’s guidance.

No Redistribution of Suggestions: The remediation recommendations generated by the Platform are for your internal use only. You agree not to distribute, share, publish, or sell these recommendations to any third party. You also may not sublicense, transfer, or allow any unauthorized person to access the Platform or its outputs. If you suspect any unauthorized use of the Platform or misuse of its recommendations (for example, someone copying the suggestions and using them elsewhere), you must inform us promptly in writing.

Feedback and Monitoring: We may monitor how the Platform is used (in accordance with our Privacy Notice) to improve our services. If we detect possible abuse (such as automated scraping of our recommendations or excessive sharing), we reserve the right to suspend or terminate access to the Platform.

Additional Accessibility Services
In addition to our automated solutions, we offer Accessibility Services – specialized, human-delivered services to help with accessibility compliance. These may be purchased separately or bundled with certain plans. Key Accessibility Services we offer include:
File Remediation Services: Making your documents accessible.

We can remediate files such as PDF, Word, PowerPoint, Excel, Adobe InDesign, or ePub documents to meet accessibility standards (e.g., adding proper tags, reading order, and alternative text).

Process: You must provide us with the final version of each file that needs remediation. We will not edit or update the content of the file (text, images, design, etc.) aside from adding accessibility features – the file is handled “as-is” for accessibility fixes.

Image Descriptions: You need to supply descriptions (alternative text) for images, graphs, or other visual content in your files. If you do not supply them, we will create alt text to the best of our ability; however, we do not guarantee that our generated descriptions will fully capture your intended meaning or satisfy your preferences.

Scanned Documents: Note that scanned documents or images of text cannot be made fully accessible unless accompanied by text transcripts. Under WCAG guidelines, simply having an image of text is not sufficient. If you send us scanned PDFs (or images containing text), our remediation will involve providing textual alternatives (which may significantly increase the document size or result in an separate text file).

Quality of Source Files: If a file you provide is of poor quality (e.g., a blurry scan) or otherwise cannot be remediated to be accessible, we will notify you and refund any fee you paid for that file, since we cannot complete the service.

Accessibility Checker Report: For each PDF we remediate, we will provide a report from a PDF accessibility checker, so you have a record of the file’s compliance status.

Review and Acceptance: After we deliver the remediated file(s), you have 10 days to review them. If you find that a file is still not accessible or not remediated as agreed, you may reject it by notifying us in writing within that 10-day window. We will then correct the file at no additional cost and redeliver it. If you do not reject the deliverable within 10 days, it will be deemed accepted. In the rare case we cannot fix the file to meet the required standards, we will refund what you paid for that file’s remediation.

Post-Remediation Guarantee: For a period of up to 12 months after we deliver a remediated file, if you receive a formal complaint that parts of the file we remediated are not accessible (i.e., the complaint alleges specific failures to meet legal accessibility requirements), you can notify us in writing within 30 days of receiving such complaint. Include a copy of the complaint. We will investigate and, if the issue is something that should have been covered in our remediation, we will fix the file at no extra charge or explain why it cannot be fixed, and if so, refund you the fee for that file. This is your sole remedy for any post-delivery accessibility complaint about files we remediated.

Media Remediation Services: Making audio and video content accessible.

This includes adding closed captions to videos, providing text transcripts for audio, and adding audio descriptions to videos (descriptions of visual information for blind users).

What’s included: We will create captions or transcripts and, if requested, audio description tracks for your media. We do not upload the remediated media to your website or platform; delivering the accessible files to you completes our service.

Process: You must provide the final media files (audio or video) that require remediation. We will not alter the core content (we won’t change your video’s visuals or your audio’s sound) except to add the accessibility components (such as embedding captions or adding a described audio track).

Quality and Feasibility: If the audio/video quality is too poor or there are technical issues preventing remediation, we will let you know and refund any fees paid for that media file, as we cannot complete the service.

Review of Audio Descriptions: If we add audio descriptions to a video, you will have one opportunity to request reasonable changes to those descriptions. You need to send us any feedback or requested changes within 7 days of receiving the described video file. We will make a good-faith effort to incorporate your requests. You will be responsible for the content of any revised descriptions that we implement at your suggestion (meaning you confirm they are accurate after changes). Beyond one round of revisions, additional changes may incur extra costs.

Expert Accessibility Audit: A comprehensive manual audit of your website or application by our accessibility experts.

Scope: Our team will manually evaluate your site’s user interface, design, code, and content against relevant accessibility standards (typically WCAG 2.1 AA or other applicable law).

Deliverable: We will provide an Audit Report, which is essentially a checklist or detailed report of any accessibility issues found. The report will categorize issues and include suggestions for how to fix each issue.

Implementation of Recommendations: It is your decision whether to implement the suggestions in the Audit Report. We do not modify your site as part of an audit – we only report issues and recommended fixes. You are responsible for any changes you choose to make (or not make), and we disclaim liability for your decisions in this regard.

Post-Audit Support: Within 90 days after receiving the Audit Report, you can request a one-time follow-up. Specifically, you can ask for a post-audit report where we review any fixes you implemented based on the original Audit Report, and you can schedule one 30-minute call with our specialist to discuss the findings or next steps.

VPAT (Voluntary Product Accessibility Template) Service: Documentation of your product’s accessibility compliance.

Deliverable: We will produce an Accessibility Conformance Report (ACR) using the VPAT format. This is a formal document that details how your website or product conforms to various accessibility standards.

Standards Covered: We can prepare ACRs for different standards depending on your needs – for example, U.S. Section 508, WCAG 2.1 or 2.2, European EN 301 549, etc. Unless we agree otherwise, the default will be a Section 508 ACR based on WCAG 2.0 criteria (this is a common requirement for certain procurements). We will clarify with you which standard is needed.

User Testing Services: Real-world accessibility testing by users with disabilities.

We coordinate testing of your website or digital product by individuals who have disabilities (for example, blind or low-vision users, users with motor disabilities, etc.), using assistive technologies such as screen readers (JAWS, NVDA, VoiceOver) on various platforms (Windows, Mac, iOS, Android).

Deliverables: After testing, we provide you with reports and/or video recordings that demonstrate how these users experienced your site or product. You’ll see where they encountered difficulties or how well your site supported their assistive tools.

Scope: We will agree in writing with you on the specific scenarios or tasks that the testers will perform (e.g., “complete the checkout process” or “navigate the homepage and read an article”) before the testing begins.

Cost: User Testing is billed based on the time spent by the testers and our team. Charges are in one-hour increments, rounding up to a full hour for any partial hour.

Accessibility Widget Implementation Review: Verification service for our Widget’s installation.

Scope: Our experts will manually review your website with the Accessibility Widget installed to ensure the Widget is implemented correctly and that your site’s UI is compatible. We check that the Widget’s adjustments work properly on your site and that important user interface elements are accessible with the Widget’s help.

Deliverable: An Inspection Report detailing our findings and any recommendations for changes (for instance, if we find certain elements that the Widget cannot remediate due to how they’re coded, we’ll point that out).

Your choice to implement: As with audits, it’s up to you to implement any fixes we suggest in the Inspection Report. We strongly encourage you to do so for optimal accessibility, but we are not liable if you choose not to make changes.

Accessibility Consulting Services: Hourly consulting or support.

We offer consulting on a case-by-case basis to help with accessibility strategy and troubleshooting. This can include services like gap analyses (reviewing your processes or components for accessibility weaknesses), accessibility roadmaps (planning improvements over time), evaluating design systems or component libraries for accessibility, advising your developers, providing accessibility training to your team, or other expert support as needed.

Arrangement: The exact scope of consulting will be agreed in writing. You can purchase blocks of time or schedule sessions as needed.

Cost: Consulting is typically billed by the hour (or portion thereof), with any partial hours rounded up to a full hour.

Important: For certain services like Audits, VPATs, User Testing, or Widget Inspections, the accuracy and relevance of our results depend on some assumptions:
No significant changes during the service: Please do not make major changes to your website or application while we are in the middle of an audit, test, or inspection. The findings in our reports reflect your site’s state during our review period. If you update your site in the meantime, it could invalidate some of our results.

Access for testing: You may need to provide us with access to a staging site, development server, or login credentials so that we can thoroughly test your site without interfering with your live users. If we request such access and it’s necessary for the service, failure to provide it might delay the service or make it impossible for us to complete.

If you do make changes that affect the scope or timing of an in-progress service, let us know immediately. We will do our best to accommodate, but we might need to adjust the deliverables, timeline, or fees. For example, significant changes might require us to restart an audit or extend testing. If we cannot reach an agreement on adjustments in such a scenario, we reserve the right to consider the service complete and, if appropriate, issue a pro-rated refund for any portion of the work not delivered.

Using Your Account: To request any of these Accessibility Services, you’ll usually need to do so through your account on our platform. Provide all information and materials we request (such as the files to be remediated, details about your website, etc.) to initiate the service. We will typically issue a quote or require upfront payment for the service.

Digital Asset List: For certain services, particularly file or media remediation, we can provide on request a list of the files or media found on your website that may need remediation. This “digital asset list” can help you scope what content might require attention.

Deliverables Ownership: Once we have been paid in full for any Accessibility Service, the deliverables (e.g., remediated files, reports, etc.) are your property. You can use them as needed. We may retain a copy of the deliverables in our archives or backups, and for purposes such as proof of work, legal defense, or to comply with our legal obligations. Any such retained copies will not be used to compete with you or shared in a way that identifies you, but they may be used internally (for example, to train our team or improve our services) or as required by law.

User Accounts
Registration: To access many of our Services (especially as a Customer), you need to create a user account. During registration, we will ask for certain information such as your full name, company name (if applicable), email address, and phone number, and you will need to set a password. If you invite Customer Personnel (employees or contractors) to join your account, each such person will also need to create a login with their own email and password.

Account Information: You agree to provide accurate, current, and complete information when creating an account and to keep that information updated. Do not use false identities or impersonate any other person or entity in your account profile.

Security: You are responsible for maintaining the confidentiality of your account login credentials (including those of any Personnel accounts you create). Do not share your password or allow others to use your account. If you believe your account has been compromised (for example, if your password is stolen or you notice unauthorized access), notify us immediately. We may ask you to reset your password or take other steps to secure your account.

Responsibility for Activities: You are responsible for all activities that occur under your account or by your Customer Personnel. Make sure your Personnel comply with these Terms, because any action they take that violates these Terms will be treated as a breach by you.

Account Transfers: Your account is personal to you (or your organization) and may not be transferred or sold to another party. Similarly, we may refuse to recognize any transfer of ownership of an account. If there is a change in control of your company and you need to transfer the account, please contact us to discuss arrangements.

Partner Programs and Third-Party Platforms
Independent Partner Agreements: If you obtained our Services through one of our authorized reselling partners or as part of a partner program, please understand that we are not a party to your agreement with that partner. Any terms, promises, or obligations between you and a partner (reseller or affiliate) apply only between you and that partner. For example, if you arranged payment or support through a partner, you must resolve any related issues with that partner. We provide the Services as described in these Terms, and unless we have a separate agreement directly with you, we aren’t bound by the terms of any partner’s agreement with you.

Use via Marketplaces (e.g., Shopify): If you access our Service through a third-party platform (for instance, installing our app from the Shopify App Store or another marketplace), be aware that the platform provider (e.g., Shopify) is not responsible for our Service. Such providers typically disclaim liability for third-party apps. For example, if you use our app via Shopify, Shopify will not be liable for any issue with our Service and may not provide support for it. You should direct support requests to us, not the third-party platform. Your use of our Service via a third-party platform must still comply with these Terms.

Litigation Support
No Guaranteed Compliance: While our Services are designed to help with accessibility compliance, we do not guarantee that using our Services will prevent all legal claims or demand letters against you. Unfortunately, some third parties or law firms specialize in sending accessibility demand letters, and we cannot control their actions.

Disclosure of Pre-Existing Issues: If you had received any demand letters, threats of lawsuits, or actual lawsuits regarding your website’s accessibility before implementing our Accessibility Widget or other Services, you must inform us promptly. Specifically, within 3 business days of purchasing or activating our Service, send us written notice (including copies of any demand letters or legal complaints) of any such pre-existing claims. This helps us assist you better and understand your risk context.

Litigation Support Package: For customers on certain paid plans, we offer assistance if you receive an accessibility complaint after using our Services. If you meet the eligibility requirements (explained below), and you receive a demand letter or lawsuit claiming your website is not accessible, our Litigation Support Package can provide technical information and support to aid in your response.

Eligibility: This support is available only to paying Customers (not trial users) who have our Accessibility Widget properly installed on their site, and who are on a subscription plan that includes litigation support benefits. The alleged accessibility issues must relate to features that our Widget is intended to remediate (for example, the complaint cites missing alt text that our Widget normally would handle, and not something like an inaccessible PDF which is outside the Widget’s automatic scope). Issues caused solely by Excluded Issues or by your own content that our Services don’t cover may not qualify.

Active Subscription Required: You must have an active, paid subscription for the affected website at the time of the events described in the complaint. (For instance, if the complaint alleges your site was non-compliant on a certain date, you need to have had our Widget active on that date under a paid plan, and continuously thereafter.)

Prompt Notice: You must notify us within 3 business days of receiving a demand letter or lawsuit on this topic, and provide us with a copy of the complaint and all relevant information you have. Prompt notification is crucial; if you delay, we might not be able to offer the full benefit of support (or any support, if the delay prejudices our ability to help).

What We Provide: If you qualify, our team will:

Review the complaint details and your website’s configuration.

Provide you with documentation about your use of our Services (for example, proof of when you installed the Widget, the settings or profiles available to users, and descriptions of how the Widget works) to demonstrate the accessibility features on your site.

Offer technical guidance or responses to specific issues raised. For instance, if the complaint says “Your site isn’t keyboard navigable,” we might help you document how our Widget enables keyboard navigation and identify if there are any remaining gaps.

Provide a dedicated support contact (usually via a special email thread) that you or your legal counsel can reach out to for quick technical input related to the complaint.

Procedure: We will conduct communications regarding litigation support through a dedicated channel (often a single email thread) to ensure clarity and confidentiality. You should use that channel for all follow-ups to avoid confusion. We aim to respond promptly as your issue may be time-sensitive.

Limits of Support: Our litigation support is technical assistance only, not legal representation. We do not provide legal advice about how to handle the claim or represent you in court. Always consult your own attorney for legal strategy and response. Specifically, our support package does not include us making official statements on your behalf (no affidavits, depositions, expert testimony, or contacting the opposing party). If you wish for our involvement beyond providing information (for example, a formal letter or testimony from us), you can request it, but we reserve the right to decline. If we agree, it may require a separate agreement and additional fees (for instance, if travel is required).

No Guarantee of Outcome: We cannot guarantee that our support will prevent a lawsuit from proceeding or that you will win or avoid liability. We are simply providing helpful information and technical corrections if possible.

No Indemnification: The Litigation Support Package does not cover any fines, settlements, damages, or attorneys’ fees you might owe as a result of an accessibility claim. You remain responsible for any legal obligations or payments to the claimant. Our support also does not include paying your lawyers or court costs.

Updates and Changes to Services
Product Updates: We continually improve our Services and may deploy patches, updates, or new features from time to time. These updates (including bug fixes, new functionalities, or modifications/removals of existing features) are part of the Services and are covered by these Terms. We usually do this without prior notice, but we strive to ensure updates benefit our users.

Service Changes and Availability: The availability of our Services can depend on factors like internet reliability, third-party services, etc. We reserve the right to modify or discontinue any Service (in whole or part) at any time. This includes adding, changing, or removing features or ceasing support for a particular part of the Service. We do not guarantee that the Services will always be available or unchanged. However, if we make a material change to a paid Service that adversely affects you (for example, we remove a key feature that you were substantially relying on), we will notify you and you may terminate your subscription for that Service. If you do, we will refund any prepaid fees for the remaining period of your subscription after termination.

Third-Party Content: Our Services might display or integrate content, tools, or links from third parties (“Third-Party Content”), such as a built-in feed of accessibility news or an option to integrate with a third-party captioning service. This does not mean we endorse or assume responsibility for that third-party content. Third-Party Content is provided for convenience, and your use of it may be governed by the third party’s terms. For example, if there’s a link to an external accessibility resource, any use of that resource is between you and the provider. We are not liable for any issues or damages arising from your use of Third-Party Content.

Prohibited Uses
We are committed to protecting our platform and community. You agree not to misuse our Services or use them in a way that violates the law or these Terms:
Illegal or Abusive Conduct: Do not use the Services to engage in unlawful activities. This includes harassment, threats, or defamation, as well as violating others’ rights. For example, you must not use our Services to stalk someone, to spread malware, or to infringe on someone’s intellectual property.

Interference with the Services: You shall not interfere with or disrupt the Services. This means no hacking, no injecting malicious code, no using scraping tools to collect our data in unauthorized ways, and no circumventing any security or access controls.

Unauthorized Access: Do not attempt to gain unauthorized access to any part of our systems or networks, or to other users’ accounts. If you’re not intended to have access, don’t try to obtain it.

Network Abuse: You may not host our Services on any network or service in a way that allows unauthorized users to access them. For example, you shouldn’t embed our Widget in a software product you distribute, or use our Platform’s output in a SaaS service you provide to others, without our permission.

Objectionable Content: Do not use our Services on sites that contain highly objectionable or illegal content. If your website promotes violence, discrimination, hate speech, or any illegal activities, you may not integrate our Services into that site. We reserve the right to suspend or terminate use if a Customer’s site is found to violate this restriction.

Copying or Derivative Works: You shall not copy our Services (or any content or data from them) to create a competing product or service. Also, you must not modify, translate, or create derivative works based on our Services except as allowed (for instance, configuring settings is fine; reverse-engineering our code is not).

No Pre-Litigation Use: You may not use any part of our Services to prepare or send accessibility complaints or demand letters to other parties. For example, using our audit report to directly threaten another website with a lawsuit is not an intended use of our Service.

No Competitive Benchmarking: You agree not to use the Services for competitive analysis or benchmarking in order to develop or improve a rival product.

Notification of Breach: If you become aware of any security breach, unauthorized access, or any misuse of the Services, you must notify us immediately in writing. We appreciate timely reporting as it can help protect everyone’s data and the integrity of the Services.

Failure to comply with this section may result in suspension or termination of your account, and we may take legal action if necessary. We may also report unlawful conduct to the appropriate authorities.

Beta Services
From time to time, we may invite users to try Beta Services, which are services or features that are still in development and not yet officially released. Participation is optional and usually time-limited.

Nature of Beta: Beta Services are provided “as-is” for evaluation and testing. They might be unstable or contain bugs. We make no guarantees that Beta features will work correctly or continue to be available. We also reserve the right to change or discontinue a Beta Service at any time without notice.

Feedback: If you participate in a beta, we may ask for your feedback. This feedback is very helpful to us, and we may use it without restriction to improve our products (similar to the Feedback terms below).

No Obligation to Launch: We have no obligation to include any Beta Service as a permanent feature in our offerings. The decision to officially release, modify, or scrap a Beta Service is solely ours.

No Liability: Because of the experimental nature of Beta Services, we are not liable for any issues arising from your use of them, to the extent permitted by law. Use them at your own risk and discretion.

Free Trials and Demos
We may offer free or limited trial periods for our Services, or demo accounts with limited features, so you can evaluate our offerings.

Duration: A trial will run for the period specified (e.g., 7 days, 14 days, or another duration we indicate) unless terminated sooner by either you or us. We may limit trials to one per customer.

Limited Features: During a trial or demo, the Service may not have full functionality or support. For example, during a trial some advanced features might be disabled or results might be limited.

Data in Trials: Any data you enter or configure during a trial (such as settings, customizations, or content) might be deleted if you do not convert to a paid subscription before the trial ends. We strongly recommend that you export any data you wish to keep before the trial expires, or continue with a paid plan to maintain it.

No Warranty for Trials: Trial services are provided as-is without any warranty. We aren’t liable for any damages or losses that may result from the use of a trial service, as these are provided for evaluation purposes (where such disclaimer is allowed by law).

Conversion to Paid Plan: If you wish to continue using the Service beyond the trial, you will need to choose a subscription plan and provide payment information before the trial ends. Otherwise, your access to the Service will be deactivated at the end of the trial.

Non-Profit Partner Program
We may offer a program to assist qualifying non-profit organizations (particularly those focused on disability advocacy or services) by providing our Services at a discounted rate or free of charge. This is our Non-Profit Partner Program.

Application: Non-profits may apply through our website or sales team. Acceptance is not guaranteed; we will evaluate applications and decide at our sole discretion. We may require proof of non-profit status or other criteria.

Benefits: Accepted non-profits might receive free or discounted access to certain Services. The specifics will be communicated upon acceptance (e.g., number of licenses, duration of benefit, etc.).

Additional Terms: We may ask Non-Profit Partners to agree to supplemental terms or an agreement that outlines the program specifics. Participants must comply with these Terms and any additional program terms.

Publicity: We may ask for permission to mention your non-profit as a participant in the program (e.g., listing your logo on our site as a partner). You are free to decline, and declining will not affect your eligibility.

Program Changes: We reserve the right to modify or terminate the Non-Profit Partner Program at any time. We might also remove an organization from the program if, for example, it ceases to meet eligibility or violates any terms. If the program ends or your participation is ended, we will give notice and details about any transition period or options to continue with paid services.

Intellectual Property and Licenses
Company Intellectual Property
Our Ownership: All rights, titles, and interests in and to our Services and all content and materials provided through the Services (collectively, Company Content), including software, databases, algorithms, text, images, and designs, are owned by us or our licensors. This also includes any updates or improvements to the foregoing. The Company Content is protected by copyright, trademark, and other intellectual property laws. Using our Services does not give you ownership of any intellectual property rights in the Services or Company Content.

License to You: We grant you a limited, non-exclusive, non-transferable license to use the Services and Company Content for your own lawful business purposes, according to these Terms. This license will last only as long as you are entitled to use the Services (for example, while your subscription is active) and can be revoked if you violate these Terms.

Restrictions: You agree not to do (or assist anyone else in doing) any of the following:

Copy, modify, adapt, translate, or create derivative works of the Services or Company Content (except to the extent a Service explicitly allows customization, such as uploading your own alt text, which is not a derivative work of our content, or as permitted by law).

Reverse-engineer, decompile, or attempt to extract the source code of any software associated with the Services, except to the limited extent that applicable law permits it despite this limitation.

Remove or obscure any copyright, trademark, or other proprietary notices on the Services or Company Content.

Sell, rent, lease, sublicense, or otherwise transfer or exploit the Services or Company Content to or for the benefit of any third party, unless expressly authorized by us.

Use any Company trademark, logo, or other proprietary information (including images and text) without our express written consent.

Trademarks: Our company name, logos, and any product or service names or slogans we use are trademarks of our Company. You may not use these without our prior written permission. All third-party trademarks referenced in our Services (for example, the name of a screen reader like “JAWS”) are property of their respective owners and are used only to refer to those products or services.

Feedback: If you provide us with any suggestions, comments, or feedback about the Services, you agree that we can use and share such feedback for any purpose without compensating you. We appreciate feedback, but please understand we may use it to improve our Services without any obligation to you.

Your Content and License to Us
Your Content: In using our Services (particularly the Accessibility Services or Platform), you may provide or upload content such as code, images, text, data, and other materials from your website or systems (“Customer Content”). You retain all ownership of your Customer Content. We do not claim ownership over any of your content on your site.

Your Warranty: You represent and warrant that you have all necessary rights to provide the Customer Content to us and to allow us to use it for the purposes of delivering the Services. This means, for example, that your uploading or allowing us access to the content will not violate any intellectual property rights, privacy rights, or contractual obligations. You also promise that your Customer Content does not contain anything that is illegal or that could cause harm to our systems (e.g., no viruses).

License to Us: We will need to access and sometimes store or modify your Customer Content in order to provide the Services (for example, our Widget will modify your site’s HTML as it loads to insert accessibility fixes, and our Platform might scan your code to suggest changes). You grant us a license to use, reproduce, and modify your Customer Content solely as needed to provide and improve the Services. This license is worldwide, non-exclusive, and royalty-free. We do not use your content for any purpose unrelated to the Services without your permission.

Termination of License: This license to your Customer Content ends when you delete the content from our Services or stop using the Services (except to the extent residual copies are retained in backups, which will be handled according to our data retention policies, or if the content has been shared with others as part of the Service that they still use).

Authority to Bind Site Owner: If you are using our Services for a website or project that you do not own (for example, you are a developer hired by a client), you must have the permission of the owner to use the Service on that website and to agree to these Terms on their behalf. By using the Service on that site, you represent that you have such authority.

AI and Indexing Use: You agree that we may use information gathered from scanning or remediating your Customer Content to improve our Services. For instance, we might aggregate data on types of issues found to enhance our AI algorithms, or include your site’s URL in an index of sites that have implemented our accessibility solutions (for example, a public list or search feature for accessible sites). We will not expose your personal data or proprietary content in doing so, and such use will be in line with our Privacy Notice.

Use of Your Name and Logo: Unless you ask us not to, we may identify you as a customer on our website or in marketing materials. For example, we might list your company name and logo among our users. If you have specific brand guidelines for logo usage, let us know and we will follow them. If you do not want to be included in such references, you can opt out by notifying us in writing.

Your License to Use Our Services (Subscription Terms)
For clarity on your rights to use our subscription-based services (like the Widget and Platform):
License Term: When you purchase a subscription (monthly or annual, etc.), you are buying the right to use the Service for the duration of that paid period (the License Period). At the end of each License Period, it will automatically renew for another term of the same length unless you cancel as described below.

License Scope: Each license or subscription is meant for use on a single website (and its subdomains, if included) or project. You cannot divide one license among multiple independent websites. If you need to cover multiple sites, you should purchase a corresponding number of licenses. We may, at our discretion, offer multi-site plans or enterprise arrangements, but unless that’s explicitly agreed, one license = one site.

Plan Limits: Each Subscription Plan may have limits (e.g., a traffic limit, number of pages scanned, user seats, etc.). You agree to adhere to the limits of the plan you choose. If your usage exceeds your plan (for example, your website traffic grows beyond what your current plan allows, or you install the Widget on additional sites not covered by your plan), you agree to upgrade to an appropriate plan or pay any additional fees as required. We may detect when your usage exceeds plan limits and notify you. If you do not upgrade within 7 days of our notice, we reserve the right to upgrade your subscription automatically and charge you the prorated difference in fees, or to suspend the Service for the over-limit usage.

Auto-Renewal and Cancellation: Automatic renewal is enabled by default to ensure continuous service. We will charge your saved payment method at the start of each renewal term. If you do not wish to renew, you must cancel your subscription at least 7 days before the end of your current term (for monthly plans, 7 days before the month ends; for annual, 7 days before the year ends) to avoid being charged for the next period. You can cancel through your account settings or by contacting our support. If you cancel, you will continue to have access to the Service until the end of the current paid term, and then the Service will downgrade or deactivate.

Fees and Payment
Prices: The fees for our Services (whether subscription fees for software or one-time fees for Accessibility Services) are as listed on our website or order form at the time you subscribe or make a purchase, unless we have a separate written pricing agreement. All fees are in U.S. Dollars unless otherwise stated.

Subscription Fees: If you subscribe to our Widget, Platform, or other subscription Service, you agree to pay the periodic subscription fee. These fees may depend on the plan tier you select (e.g., basic, pro, enterprise) and possibly your website’s size or usage. If your site’s characteristics no longer match your current plan (for example, your site grows and should be on a higher tier), you agree to switch to the appropriate tier when prompted (see “Plan Limits” above).

One-Time and Service Fees: For one-time Accessibility Services (like a batch of PDFs to remediate, an audit, etc.), we will typically quote you a price. You may need to pay 100% upfront before we begin, unless we agree to a different payment schedule. These fees are generally non-refundable once we start the work, except as explicitly stated in these Terms (for instance, if we cannot complete the work due to file quality issues, we will refund that file’s fee, per the File Remediation terms above).

Payment Method: You must provide a valid payment method (e.g., credit card, debit card, or other supported method) when signing up. You authorize us (and our third-party payment processors) to charge your payment method for all fees due. This includes:

Recurring subscription fees on each renewal date.

One-time fees for requested services.

Any applicable taxes.

Billing Information: You agree to keep your billing information current, complete, and accurate. If your payment method (e.g., credit card) expires or is declined, you agree to provide a new eligible payment method promptly. If you fail to do so, we may suspend or terminate your Services for non-payment.

Failed Charges: If we cannot collect payment when due, we may attempt again, but also reserve the right to suspend or cancel your access. For example, if your monthly payment fails, we might pause your Widget from functioning on your site until payment is resolved. We will notify you of any payment issues and may provide a short grace period, but it is ultimately your responsibility to ensure fees are paid.

Late Payments: Any overdue amounts may incur interest at the rate of 1% per month (or the highest rate allowed by law, if lower), starting from the due date until paid. You agree to pay any reasonable costs and attorneys’ fees we incur in collecting late payments.

No Refunds (Subscription): Generally, fees (especially subscription fees) are non-refundable once paid. For instance, if you cancel a yearly subscription 6 months in, we do not typically provide a refund for the unused 6 months. The service will remain active for the remainder of the paid term. Exceptions: if you terminate due to our material breach or under a specific provision of these Terms that promises a refund (like we ended the service early or made a material adverse change), we will refund any unused portion. Additionally, if we terminate your account without cause, we’ll refund the unused part of your current subscription. Refunds for Accessibility Services are handled as described in those sections (e.g., if we can’t complete a service).

Taxes: Our fees do not include any taxes, levies, or duties that may apply to your purchase. You are responsible for any sales, use, GST, VAT, or similar taxes imposed by taxing authorities on the fees (except for taxes on our income). We will charge tax if we are required to do so (for example, in certain jurisdictions we might collect sales tax or VAT) and you agree to pay those amounts. If you are exempt from certain taxes, you must provide us with a valid tax exemption certificate, and we reserve the right to determine if it’s applicable.

Price Changes: We may change the pricing for our Services. For subscription services, any price change will apply from your next billing cycle. We will give you notice (for example, by email) in advance of any increase in subscription fees. If you do not agree with the new price, you may cancel your subscription before the new fees take effect. Continuing to use the Service into the next term after the price change constitutes acceptance of the new fees.

Promotions and Discounts: If you received a discount or promotional rate, that is only valid for the promotional period. After that, normal charges will apply. Only one promotion can be applied at a time per customer, unless explicitly stated.

Third-Party Fees: You are responsible for any fees charged by third parties in connection with your use of our Services. For example, if you access our Services via the internet, you are responsible for your internet provider’s fees.

Referral Program
Referral Links: We may offer a referral program where we provide existing customers with a unique referral link or code. If you refer new customers to us using your link, and they sign up and pay for our Services, you might be eligible for a reward (such as a credit, discount, or commission) as described in the referral program details.

Program Terms: Each referral program will have specific terms, which will be provided on our website or platform. Those terms (such as how much you can earn, how and when rewards are given, etc.) are incorporated here by reference. In case of a conflict, the specific referral program terms govern.

Proper Use: You agree to use referral links legally and ethically. Prohibited conduct includes spamming people with your referral link, misrepresenting our Services, using paid ads to drive traffic using your referral code in a confusing way (like pretending to be us), or any other deceptive or harmful tactics to generate referrals. We reserve the right to disqualify you from the referral program and cancel referral rewards if we suspect abuse or violation of the referral terms.

Referral Rewards: If the program offers rewards, note that:

Rewards may be in the form of service credits, gift cards, cash payments, or other benefits, as specified. They may have conditions (for example, a referred customer must remain active for a certain number of months, or must not cancel within a trial period, etc., for you to get the reward).

Rewards are subject to verification. We have the right to withhold rewards if we believe the referral was not valid or not made in good faith.

There might be a cap on how many rewards you can earn, or an expiration date for using credits.

You are responsible for any taxes related to receiving a referral reward.

Program Changes: We can modify or terminate the referral program at any time. If we do, we will honor any valid rewards earned before the termination (per the program terms), but no further referrals will be tracked or paid after the program ends.

Third-Party Platforms: We may use a third-party service to manage the referral program (for example, a referral tracking software or an affiliate payment system). To participate, you might need to create an account with that service or agree to their terms. We are not responsible for any act or omission of any third-party platform. For example, if a third-party platform suffers a data breach or fails to record a referral, while we’ll do our best to ensure accurate tracking, we aren’t liable for their errors.

Your Additional Responsibilities
(This section covers some points partly touched elsewhere, consolidated for emphasis.)
Customer Content Responsibility: You are solely responsible for the content on your website and any data you provide to us. We don’t review content you send us for legality or accuracy (outside the scope of accessibility). Always ensure you have backups of your content. We strive to be careful, but we are not liable for any loss or corruption of data that you provide or that we handle on your behalf, except as required by law.

Compliance with Laws: It is your responsibility to use the Services in accordance with all applicable laws and regulations. This includes (but is not limited to) privacy laws regarding the use of any tracking or data collection by our Services on your site’s visitors, export control laws (our software shouldn’t be used in violation of export restrictions), and accessibility laws themselves (our tools help, but ultimate compliance depends on your overall website).

Indemnification: You agree to defend, indemnify, and hold us harmless from any claims, losses, liabilities, expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Services; (b) your breach of any provision of these Terms; or (c) disputes you have with your own customers or website users (for example, if an end user of your site sues you and also names us because of our Widget on your site, you would indemnify us). We will notify you of any such claim and cooperate in your defense, at your expense. You may not settle any claim that involves a commitment or admission by us without our written consent.

Limitation of Liability: To the maximum extent permitted by law, in no event will we (or our officers, directors, employees, agents, suppliers, or affiliates) be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or business opportunities, even if we have been advised of the possibility of such damages. Our total, aggregate liability for all claims relating to the Services or these Terms is limited to the amount you paid us for the Services in the six months immediately preceding the event that gave rise to the claim, or £50, whichever is greater. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. In that case, our liability will be limited to the smallest amount permitted by law.

Disclaimer of Warranties: We provide the Services on an “as-is” and “as-available” basis. To the fullest extent allowed by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will be 100% error-free, uninterrupted, secure, or that they will meet your expectations or requirements. We do not make any promises about the results that may be obtained from use of the Services. You understand that any reliance on the Services is at your own risk. For example, we do not warrant that using our Services will make your website fully compliant with any specific law or accessibility standard, or that all accessibility issues will be corrected.

Specific Jurisdictional Rights: If you are a consumer residing in a jurisdiction that provides you certain rights (e.g., certain consumer protection or warranty rights), nothing in these Terms is intended to limit those rights beyond what’s permissible. For instance, in some places you may have statutory guarantees that cannot be disclaimed; in such cases, the above disclaimers and limitations apply only to the extent allowed by your local laws.

Litigation Pledge (Accessibility Lawsuits)
(This section applies only to customers on certain plans where we explicitly offer a “Litigation Pledge” or warranty. If not applicable, you can ignore this section.)
For customers on eligible plans, we offer a limited Litigation Pledge as an added assurance of our Service’s effectiveness. This pledge is subject to the conditions below and is not insurance, but rather our commitment under specified circumstances:
What We Pledge: If all conditions are met and you incur certain costs or damages due to an accessibility lawsuit about your website, we will pay up to a Coverage Amount (specified in your plan details or our website) to help cover those costs. The Coverage Amount is typically a fixed sum (for example, £10,000) and may vary by subscription level.

Key Definitions: For this pledge:

A Covered Website is your website that: (a) has our Accessibility Widget properly and continuously installed, and (b) is on an active subscription plan that explicitly includes the Litigation Pledge benefit.

A Claim (or Action) means a demand letter or lawsuit from a third party alleging that your Covered Website is not accessible as required by law. It must be a new claim that arises after you started using our Widget on that site.

A Covered Claim is a Claim that meets all the conditions below, including timely notice to us.

A Covered Failure means an accessibility issue on your Covered Website that our Widget is supposed to remediate, but allegedly failed to do so. It does not include issues outside the Widget’s capabilities (such as those Excluded Issues), issues caused by your actions (e.g., you turned off the Widget on some pages), or new issues introduced by changes you made without giving the Widget a chance to address them.

Covered Damages means the monetary parts of a judgment or settlement that directly result from a Covered Failure (including plaintiff’s legal fees if awarded), any court-mandated expenses to fix the Covered Failure, and your reasonable legal defense fees for the Covered Claim.

A Final Court Decision means a final, non-appealable court judgment. However, we may choose to pay out before a final judgment, such as in a settlement, as described below.

Conditions to Qualify: To be eligible for the pledge payout:

Active Subscription: You must have an active paid subscription including the Widget on the website at the time of the alleged non-compliance and continuously through the resolution of the Claim. The pledge doesn’t apply to trials or periods before you installed our Widget.

Proper Installation: The Widget must have been correctly implemented on your site’s main user-facing pages. If the Widget was only on some pages and the Claim concerns a page where it was absent, that wouldn’t be a Covered Failure.

Timely Notice: You must notify us in writing as soon as you become aware of a Claim, and no later than 21 days before any formal legal response is due in court (if it’s a lawsuit). For demand letters, notify us within a few days of receiving the letter (don’t wait for a lawsuit to be filed). This notice should include a copy of the demand or legal papers. Delayed notification could disqualify the Claim from coverage.

Opportunity to Assist: You need to allow us to assist with the response, in line with the Litigation Support terms above. This means cooperating with our support team and implementing any reasonable fixes or guidance we provide in response to the Claim.

Use of Coverage: You must use the Coverage Amount solely for Covered Damages as defined. We may require documentation (invoices, receipts, court orders) to verify the expenses you claim as Covered Damages.

Our Involvement: We’re not your attorneys, but we may want to involve our legal or technical experts to help. As a condition of the pledge, you agree to:

Use a law firm experienced in accessibility defense (if you need a recommendation, we might provide one).

Keep us informed about the case progress and reasonably consider our input on technical matters or settlement discussions.

Not agree to any settlement that imposes obligations or admissions on us or our technology without our consent. (For example, you shouldn’t settle by saying “the Widget was negligent” or similar, at least not without our approval.)

Maintain confidentiality of the existence and terms of this pledge to the extent possible – i.e., don’t advertise that you have this coverage in a way that might encourage lawsuits.

What’s Covered: If all conditions are met and it’s a Covered Claim, we will reimburse:

Any court-awarded damages or settlement you must pay to the plaintiff that the court (or settlement) specifically allocates to Covered Failures (up to the Coverage Amount cap). If a settlement isn’t itemized, we will use a reasonable allocation.

Any reasonable and necessary costs to remediate the specific accessibility issues on your site as required by a final judgment (if those issues are Covered Failures).

Your reasonable legal defense fees, but only if the case goes to a final judgment and you win in part or whole such that fees are awarded, or if we agreed in writing to cover some legal fees as part of the pledge. Typically, you would pay your lawyers and then we reimburse covered amounts—again, capped by the Coverage Amount.

What’s Not Covered: This pledge does not cover:

Excluded Issues: Any portion of a claim dealing with issues our Widget wasn’t meant to fix (e.g., missing captions on videos, PDFs that weren’t remediated) or anything outside our control.

Non-Compliance with Advice: Additional damages that result from you not following our support guidance or failing to use the Widget properly.

Government Fines/Penalties: If a government agency fines you for non-compliance, those fines are not covered.

Multiple Claims: The coverage is limited to the first claim. If you get multiple lawsuits at once, we might treat them as one claim for coverage cap purposes. We won’t cover serial/repeat claims beyond the Coverage Amount.

Settlements Without Consent: If you settle a claim without giving us notice or against our recommended approach and without our consent (where our consent was required as above), the pledge coverage does not apply to that settlement.

Indirect/Consequential Loss: Business losses like lost profits, reputational harm, or costs of redesigning your entire website beyond addressing the specific issues are not covered.

Pledge Cap: Under no circumstances will our total payments for all Claims under this pledge exceed the Coverage Amount specified for your plan (that is a per-Customer, per-subscription cap). Once we have paid out that amount, this pledge is exhausted.

Exclusive Remedy: The benefits of this Litigation Pledge (if offered to you) are your sole and exclusive remedy against us for third-party claims that your site was inaccessible. In other words, if such a claim arises, either it’s covered by this pledge (and you get the specified payments) or, if not covered (or if the damages exceed the cap), then our liability to you is limited as set forth elsewhere in these Terms (see Limitation of Liability above) and we owe nothing more.

Term and Termination
Term: These Terms apply from the moment you first accept them (or first use our Service, whichever comes first) and continue until the agreement is terminated by either you or us, or until all subscriptions under your account have expired, whichever is later.

Termination by You: You may terminate this agreement at any time by cancelling all Services and stopping your use. If you have a paid subscription and you terminate before the end of a prepaid term, the Services will continue until the end of that term (as we do not offer pro-rated refunds for early cancellation except in cases of our breach or as required by law). If you wish for immediate termination (e.g., you want to shut off the Service and not continue to the end of the term), you can request it, but you generally will not receive a refund for the remaining period.

Termination or Suspension by Us: We may suspend or terminate your account or this agreement under the following circumstances:

For Convenience: We can terminate for any reason (or no stated reason) by giving you 30 days’ written notice. If we do so and you have prepaid for a period beyond the termination date, we will refund the unused portion of your fees. We might exercise this, for example, if we decide to discontinue the Service or feature you are using.

For Cause: We may terminate immediately if you materially breach these Terms and either cannot cure the breach or fail to cure it within 14 days after we provide notice of the breach. In some cases, a breach of security or misuse may require immediate action, including termination or suspension without notice, to prevent harm.

Legal Compliance: If required to do so by law (for example, we are instructed by a government authority due to sanctions, or it becomes illegal to provide the Service in your region), we may terminate immediately.

Non-Payment: If you fail to pay fees when due and do not cure within a reasonable period after notice, we may terminate or suspend your Service. We may also charge a reactivation fee to re-enable Service after suspension for non-payment.

Suspension: As noted, for certain breaches (especially security or misuse), we might suspend your access rather than fully terminate. Suspension might be lifted once the issue is resolved to our satisfaction. If you do not resolve the issue, we may proceed to termination.

Effect of Termination: When this agreement terminates:

All licenses and rights granted to you by these Terms will end. You must remove any of our code (for example, the Widget script) from your websites and stop using the Services entirely.

We may disable or delete your account and all associated data after the effective date of termination, except to the extent we are obligated or permitted to retain certain data for legal or internal business purposes.

Any fees accrued or payable before termination are still due. If we terminated due to your breach, you remain responsible for any fees for the remaining term, and we will not owe you any refund. If termination was due to our breach or our convenience (or your lawful termination due to a material change in Terms you objected to), then if you pre-paid, we will refund the prorated unused portion of your fees.

Provisions of these Terms that by their nature should survive will survive. This includes (but is not limited to) provisions related to intellectual property ownership, warranty DISCLAIMERS, limitation of liability, indemnification, dispute resolution, and governing law.

Data After Termination: We have no obligation to retain any of your Customer Content or configuration after termination. Please export any data you need before closing your account. If allowed by law, we may delete your data on our servers promptly after termination, and we likely will unless we have a good reason to keep it (such as an open support issue or a legal hold).

Miscellaneous
Entire Agreement: These Terms (along with any additional agreements explicitly incorporated by reference, such as our Privacy Notice, DPA, or specific service terms) constitute the entire agreement between you and us regarding the Services. They supersede all prior communications, proposals, or agreements (whether oral or written) between us regarding the Services.

Amendments: We may update or change these Terms from time to time. If we make a significant change (one that affects your rights or obligations in more than a minor way), we will notify you (for example, by email or a notice in your account) at least 7 days before the changes take effect. If you object to the changes, you may terminate the Services before the updated Terms apply (and receive a prorated refund for any period you paid for but did not use due to termination, if applicable). If you continue to use the Services after the effective date of the revised Terms, that constitutes your acceptance of the changes. For non-material updates (such as clarifications or typo corrections), we may not send advance notice, and the new Terms will be effective immediately upon posting on our site.

Waiver: If either party fails to enforce any provision of these Terms, it will not be considered a waiver of the right to enforce it in the future. For a waiver of compliance with these Terms to be binding, it must be in a written notice signed by the party waiving the right.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary. The rest of the Terms will remain in full effect.

Assignment: You may not assign or transfer these Terms or any rights or obligations under them to anyone else without our prior written consent. We may assign these Terms (in whole or part) at our discretion. For example, we might assign these Terms to a successor in interest if we undergo a merger, acquisition, or sale of assets.

Relationship of Parties: Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and us. We are independent contractors. Neither party has the authority to bind the other or incur obligations on the other’s behalf without prior consent.

Third-Party Beneficiaries: There are no third-party beneficiaries to these Terms; the agreement is only between you and us. (Exception: our affiliates, owners, and employees are protected by the liability limitations and indemnification, and are intended third-party beneficiaries of those provisions, but this does not give them independent obligations or rights to enforce the contract, other than the ability to claim protections.)

Force Majeure: We are not liable for any delay or failure in performance of the Services caused by circumstances beyond our reasonable control. This includes events such as strikes, labor disputes, pandemics, acts of God, war, terrorism, governmental action, fire, flood, earthquake, Internet or power outages, and other unforeseen events of significant impact.

Notices: We may send you notices via email, through your account dashboard, or by other reasonable means. You are responsible for maintaining an updated email address in your account for receiving notices. Official notices to us should be sent to our mailing address (as listed on our website) with a copy to our email if provided. Email is considered written notice.

Governing Law: These Terms are governed by and construed in accordance with the laws of England and Wales without regard to its conflict of law principles.

Dispute Resolution:

Informal Resolution: In case of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, you and we agree to try to resolve it informally first. You will contact us at our support or legal email address and describe the issue, and we will attempt to resolve it through communications with you. If we are unable to resolve the dispute within 30 days of notice, then either party can pursue formal dispute resolution.

Class Action Waiver: To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator (or, if arbitration is unenforceable, the judge) may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be illegal or unenforceable as to certain claims, then those claims (and only those claims) will be severed and proceed in court, and the rest will proceed in arbitration.

Jurisdiction and Venue: Subject to any mandatory local laws, any judicial proceeding will be brought in the courts of England and Wales. You consent to venue and personal jurisdiction there. If your local law requires that legal actions be brought in your local country or region, this clause is modified by such mandatory requirement.

Statute of Limitations: To the extent permitted by law, any claim or cause of action arising from the Services or these Terms must be filed within one (1) year from when it arose. If it is not filed in that time, the claim is permanently barred.

Headings and Interpretation: Headings in these Terms are for convenience only and do not affect interpretation. Words like “including” are to be interpreted as “including without limitation.” These Terms will not be interpreted against the drafter (both parties had opportunity to review).

Contact Information: If you have any questions about these Terms or wish to send us any notices as required by these Terms, you can contact us at:

Accessibility Hub OU
Harju maakond, Tallinn, Kesklinna linnaosa, Veskiposti tn 2-1002
10138, Estonia
Registration number: 17119633

For questions or concerns regarding these Terms, please contact us at:

Email: [email protected]